Supreme Court · 2020 INSC 412 · Decided 28 September 2016
Somasundaram @ Somu v. State REP. BY DY. COMM. of Police
- Court
- Supreme Court of India
- Citation
- 2020 INSC 412 · [2016] 7 S.C.R. 263
- Case number
- CRIMINAL APPEAL No. 403/2010
- Decided
- 28 September 2016
- Bench
- V. GOPALA GOWDA, ARUN MISHRA (2-judge bench)
- Outcome
- Matter referred to larger bench
- Case type
- Criminal
- Acts & sections cited
- IPC Section 109, 302, 364
Headnote
Penal Code, J860 - ss. J20B, 3651J09, 3871J09, 3021J09, 3471 109, 3641J09 and 20J - Prosecution under - Of the appellants­ accused (A-3, A-4 and A-J 5), alongwith other J 5 accused - For entering into criminal conspiracy for abduction and murder of the deceased - Trial court acquitted A-J2 and the accused mainly relying on the evidence of PWs JO and 11 - High Court confirmed the order of trial court except that of A-JO - Appeal by A-3, A-4 and A-J 5 - Held: Difference of opinion between the Judges - Per V. Gopala Gowda, J. : Evidence of PWs JO and 11 are not reliable and hence cannot
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